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Protection & Humanitarian

Onshore Protection

The onshore component of the Refugee and Humanitarian program aims to provide options for people who are in Australia and wish to apply for protection (or asylum). There is one visa available for people onshore who wish to apply for protection

To be granted a Protection visa (subclass 866) you will need to be found to engage Australia’s protection obligations because you either:

  • Are a refugee as defined by the Refugees Convention
  • Meet the Complementary Protection criteria in the Australian Migration Act 1958
  • Did not arrive in Australia as an illegal maritime arrival or unauthorised air arrival

You might also be eligible for a Protection visa if you are the family member of a person found to engage Australia’s protection obligations.

You and any eligible family members included in the application must be in Australia when you apply for this visa.

The Protection visa (subclass 866) is a permanent visa.

Offshore – Humanitarian

The offshore component of the Refugee and Humanitarian Program has two categories.

  • The Refugee category for people subject to persecution in their home country.
  • The Special Humanitarian Program (SHP) category for people who, while not being refugees, are subject to substantial discrimination amounting to a gross violation of their human rights in their home country.
  • People who wish to be considered for an SHP visa must be living outside their home country and be proposed for entry by an Australian citizen, permanent resident, eligible New Zealand citizen, or an organisation operating in Australia.
A person may be eligible if:
  • They are outside Australia
  • They have been identified as a refugee or a person subject to persecution or substantial discrimination amounting to gross violation of human rights in their home country and deemed to be in humanitarian need.

Applicants must also satisfy the decision maker that there are compelling reasons for giving special consideration to the grant of a visa. This criterion is common to all permanent visa subclasses under the offshore Humanitarian Program. It involves an assessment of various factors including:

  • The degree of persecution or discrimination to which the applicant is subject in their home country
  • The extent of the applicant’s connection with Australia
  • Whether or not there is any suitable country available, other than Australia, that can provide for the applicant’s settlement and protection from discrimination
  • The capacity of the Australian community to provide for the permanent settlement of persons such as the applicant in Australia.

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Contact us with your personal details and the visa you are enquiring about. You may also email us at [email protected] and we will contact you as soon as practicable.

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